| Ann Smith and CTA tactics Around the year 2000, California Teachers Association (CTA), which is controlled by its executive director Carolyn Doggett and its chief counsel Beverly tucker, developed a policy of expanded cooperation with school districts in some areas--including allowing School districts to violate the law against teachers--apparently in order to expand influence of CTA at district level. This policy had disastrous effect on Castle Park Elementary in CVESD. (At about the same time, Ann Smith's unhealthy cooperation with San Diego Mayor Dick Murphy was having even more disastrous effects on San Diego.) Maura Larkins wrote the following letter to CTA President Wayne Johnson to let him know about Ann Smith's unethical conduct. It didn't bother him one bit. |
| Michael Aguirre, San Diego's City Attorney who is trying to reform a city whose leaders' actions caused it to be dubbed Enron by the Sea, recently deposed attorney Ann Smith. To those of us who know Ann Smith, it's no surprise that her deposition went nowhere until Judge Barton agreed to oversee the deposition in his chambers. Here's a snippet from Mike Aguirre's blog, which can be reached from the City Attorney website: "Tuesday morning, Superior Court Judge Jeffrey B. Barton granted our request that the pension case deposition of Municipal Employee Association (MEA) attorney Ann Smith take place in his chambers, under his supervision, so that he can preside over the taking of her deposition. The deposition will continue Wednesday, August 23, in Superior Court Department #69, at 9 a.m." Mr. Aguirre soon caught Ann Smith and her client Judie Italiano contradicting each other. Which one do you believe? Or could it be that neither one is truthful? Here is Aguirre's blog for August 21, 2006: "Last week Municipal Employee Association (MEA) attorney Ann M. Smith and MEA president Judie Italiano gave conflicting testimony. Earlier this year, Ms. Smith testified in the preliminary criminal hearing for the former pension trustees who have been charged by the District Attorney. She swore, under oath, that former City Manager Michael Uberuaga had communicated to the MEA on the afternoon of 11 July 2002 (the day the pension board approved Manager's Proposal 2), that the City had "abandoned" the requirement that the Board approve the City's plan to underfund the pension before certain of the board members could get higher benefits. |
| MEA San Diego Metropolitan Employees Association Judie Italiano |
| Lawsuit against CVE for perjury and destruction of documents |
| Ann Smith and Chula Vista Educators (CVE) San Diego employment lawyer Ann M. Smith, infamous for her close association to MEA's Judie Italiano and the criminal pension deal that turned San Diego into "Enron by the Sea," represented CTA operative Tim O'Neill and Chula Vista Educators in January 2002 in the Maura Larkins case. Tim O'Neill and current and former CVE presidents Jim Groth and Gina Boyd were covering up multiple violations of law against CVE member Maura Larkins. The illegal actions had been initiated by now-infamous teacher Robin Donlan. Attorney Smith welcomed Maura Larkins into her office under the pretext that she might sue Chula Vista Elementary School District for its illegal actions against Larkins. |
| Voice of San Diego letter to the editor regarding pension reform comment by Point Loma Resident July 10, 2008 "Victoria...there's never been, & never will be, an unemployment problem within the City's ranks, so why would we need to pay more? We paid more compensation to the President of SEDC and look what that extra compensation got us...more corruption, not more competence!" |
| But in a Hotsheet bulletin sent to MEA members the next day, Ms. Italiano told her membership the condition had been "met" -- not "abandoned," as claimed by Ms. Smith in her sworn testimony in the current D.A. criminal case. |
| Last Friday Ms. Smith testified in her deposition that Ms. Italiano's Hotsheet was wrong. A hearing regarding Ms. Smith's deposition will be held in Superior Court Judge Jeffrey B. Barton's chambers on Tuesday, August 22, at 9 a.m. |
| Paying more sometimes brings more corruption, not more competence |
| Maura Larkins' letter to CTA President Wayne Johnson regarding Ann Smith tactics |
| Home Why This Website SDCOE CVESD Castle Park Elem Law Enforcement CTA CVE Stutz Artiano Shinoff Silence is Golden Schools and Violence Office Admin Hearings Larkins OAH Hearing |
| MEA attorney Ann Smith has always before had plenty to say when Judie Italiano, MEA President and, later, MEA manager, had a problem. Judie and Ann seemed to be an inseparable pair. So where is Ann Smith now that Judie has resigned? Italiano Out, Union Probe Forwarded to DA Voice of San Diego By RANI GUPTA May 29, 2009 Three years ago, the head of City Hall's largest union became embroiled in a controversy over charging thousands of dollars at casinos, department stores, and other shops on her official credit cards. Judie Italiano and her supporters fended off a challenge to her leadership and pooh-poohed an investigation by then-City Attorney Mike Aguirre, saying she had nothing to hide. On Friday the Municipal Employees Association board announced that Italiano had resigned [click here for letter from board to members] after the organization started an investigation into her personal use of the union's credit cards, which she stopped only briefly after the charges came to light in 2006, according to union President Tony Ruiz. Union officials also have referred the matter to the District Attorney's Office to see if criminal charges are warranted, Ruiz said. The resignation marks a dramatic end for the career of a long-time City Hall fixture who defiantly defended both her union and her own actions as the city's financial problems and pension scandal unfolded this decade. Ruiz said Italiano was put on leave May 12 when the new charges were discovered and resigned in the midst of the investigation. She cut the union a check for $13,903, covering credit card charges, interest and vacation time that Italiano had taken but not yet accrued, he said. Related Links MEA Letter to Members (pdf) Union Battle Turns Inward (Aug. 29, 2006) Suit Filed Against Italiano (May 6) The Hall: A Blog on Local Politics |
| "In sum, Ann, what were you thinking?" |
| "We were all taken in by Judie," Ruiz said. "She [said] she would not be doing this type of behavior anymore. We put these policies in place and she agreed to these policies, and she breached our trust." [Maura Larkins' note: I'm not sure I believe you, Mr. Ruiz. I think I believe Bud Simpson: "Judie pretty much had the board of directors eating out of her hand," Simpson said. "She's done a pretty good job for them and, as a result, she makes sure she has the executive committee handpicked." Simpson added that the general membership didn't appear to care. "Just as long as you take care of us, we'll forgive minor indiscretions," he said.] |
| More on internal disagreements in the MEA Union Battle Turns Inward By SAM HODGSON Voice Staff Writer Voice of San Diego Tuesday, Aug. 29, 2006 | The labor union that has long been at the heart of the city’s ongoing financial struggles is quietly suffering one of its most divisive internal battles in the organization’s 80-year history. With its leaders already heading up the opposition to City Attorney Mike Aguirre, the more than 6,000-member Municipal Employees Association is facing what former president Judie Italiano describes as "the first contentious election this organization has had since its inception in 1926." And the battle comes complete with all the catch words of the city's larger political struggle: allegations of corruption, a lack of transparency and personal attacks. Italiano stepped down as president earlier this year after more than two decades. But she remains the face of the organization and its manager. She has become the focus of criticisms by former Vice President Linda French and a slate of self-proclaimed reformists who are attempting to oust interim President John Torres and the rest of the MEA’s executive council. At a time when financial and political crises have split City Hall along strict factional lines, the discontent sowed by the city's high-profile problems has trickled down into the very organizations fighting the battles. But this struggle isn't about court cases and retirement benefits. It's about French and Italiano. Related Links Archives: Italiano Steps Down (May 11, 2006) Both sides believe in the battle to preserve their pension benefits, which has become a centerpiece of City Hall life as Aguirre aggressively pursues a rollback of a decade's worth of employee benefit boosts. If he succeeds, all MEA members could see their future pension checks chopped down considerably. Then there's a third party: those white-collar city workers who want nothing to do with the union or its politics, saying they don't get much for their dues. "I don’t want to be a part of it anyway," said Keith Strehle, an employee in the Wastewater Department, "whether Linda French or anyone else is running it." French v. Italiano French criticizes the pension underfunding that set off much of the city's unrest and is a key culprit in a pension deficit that's estimated to be $1.4 billion. She says the action, which required union acquiescence, damaged the credibility of city workers. However, she agrees with Italiano on one point: Both defend the challenged legality of employee's retirement benefits. Both vow to protect them. "What’s done is done, and now we’ve got to move on with it," French said. "Rolling them back is going to be a big mistake for everyone." French blames those mistakes in part on Torres, who is one of six city employees facing criminal conflict-of-interest charges, accused of underfunding the city’s pension system in exchange for increasing benefits of employees -- including his own. Torres served on the pension board when it approved a controversial 2002 pension funding agreement. Recently, she highlighted Torres’ pending court battle by posting a note on her website titled “Kroll Report Details Misconduct of John Torres and Others that Lead to Financial Crisis.” The message takes excerpts from the 18-month investigation into City Hall that she says implicate Torres in violating state conflict of interest laws in the underfunding of the city’s pension system. She also cites a section that defends the legality of the benefits. "According to the Kroll Report, we will be able to retain our pension benefits," she goes on to say, "not because of our leadership but despite them." Italiano too has long been a leading voice in the fight to maintain the pension benefits. She frequently spars with Aguirre over the legality of the benefits and says that it is in the best interest of employees to support someone for office who runs on an original platform, rather than simply attacking their opponents. French’s campaign calls into question Italiano’s leadership and integrity, saying she is the root of the union’s problems, and that she is the puppet master that pulls the strings of President John Torres. Italiano has also faced accusations of nepotism this year for using the union to employ her family members. Her husband, Jeff Carr and brother-in-law Brian Balla both work in MEA’s labor relations office. Her grandson, Ryan McWilliams also works for MEA, doing what spokesperson Cathleen Higgins described as "grunt work." Italiano says that French is launching an attack campaign with no real platform other than cutting down the current leaders of the organization. "I don’t want to respond to [the criticisms] because they’re a bunch of garbage, half-truths and lies that are really damaging to this organization," Italiano said. "What she’s doing is tearing down the line of defense that most employees rely on. She’s damaging the very organization she says she wants to protect." Meanwhile, Italiano said that French’s campaign against Torres may be a bit premature. He has not yet announced his candidacy for office, and Italiano said he may not do so. "I don’t know that John Torres is going to run," Italiano said. "He’s been talking to people to see if it’s right. “Linda has already come out in the worst kind of betrayal possible by throwing John’s reality of his trial out and trying to discredit him. It’s not working. Many of the employees see him as the martyr for their retirement.” Not My Union Every time Ed Harris gets a paycheck, he looks at it and sees deductions. Most of them he doesn’t mind paying -- its part of his duty as an American and a San Diegan. Federal income tax and Social Security -- no problem. State income tax and Medicare -- all in a day’s work. Municipal Employee Association dues? "I’m pissed," Harris said. "Because I just paid for a service that isn’t being rendered." Harris is one city employee who doesn’t mind going on the record to speak out against the more than-6,000 member union and its current leadership. Since 2004, all city employees have been required by state law to pay union fees whether they chose to be a member or not. Many of the employees, such as Harris, opt to become voluntary members, meaning they pay about $1.50 more per period than involuntary members and receive the right to vote and attend MEA events. He said he still pays the fee simply for the right to vote. Harris wants to see French in office because he thinks that Italiano and Torres have damaged the credibility of his union. "The citizens of San Diego need to see that the union is making a change in order to regain their support," he said. Still, some employees, such as Strehle, who has worked in the city’s Wastewater Department for more than a decade, don’t care who leads their union and don’t want to be a part of the MEA in the first place. "I call it extortion," Strehle said of the requirement to pay union fees. "And I’ve told them that." Employees such as Strehle have $18.16 deducted from their biweekly paycheck. Voluntary members such as Harris pay $19.64. Italiano recognizes that some employees in the union are upset. She blames the union's infighting on people like Aguirre, who has led the charge to have the workers’ benefits rolled back. "I think he’s set a tone for our city that isn't the kindest and gentlest," Italiano said. "I think that has now trickled down into our union." Strehle is not fazed by Aguirre’s attempts to have the benefit boosts undone, however, and says it's all part of normal court proceedings. "I think that if the court rules that they’re illegal, then so be it," Strehle said. "I don’t think that’s going to happen because of the repercussions of the litigation, they’re just going to let it slide. "I guess I kind of shoot myself in the foot by saying that. Maybe I’m a little too loyal to the cause of the city. But, at some point, people should be willing to give a little back. Maybe that’s a little too noble, but that’s just how I feel." |
| Attorney Ann M. Smith |
| CVE Chula Vista Elementary Education Association |
| Shortly before Italiano resigned, MEA members Linda French and Ed Harris filed a lawsuit against her. LINK |
